Question: A kohen washes his hands after going to the bathroom in the middle of davening. Must he wash his hands again before Birkas Kohanim?
Short Answer: No, a kohen who uses the bathroom before Birkas Kohanim need only wash his hands one time for both Asher Yatzar and Birkas Kohanim. Ideally, a Levi should be the one who washes the kohen’s hands.
Explanation:
I. The Source
The Gemara (Sotah 39a) states that any kohen who did not wash his hands may not perform Birkas Kohanim. Rashi interprets this passage to mean that the kohen must wash his hands before going up to perform Birkas Kohanim. Similarly, Tosafos (ibid) understands that the kohen must wash his hands immediately before Birkas Kohanim. Immediately, according to Tosafos, refers to the time it takes to walk 22 amos (approximately 30-44 feet).
The Mishnas Yosef (Rav Yosef Lieberman zt”l, 5:27:1) cites the K’tzos HaShulchan that it takes 15 seconds to walk 22 amos. Others hold that it takes 30 seconds. Regardless, the Mishnas Yosef notes that, according to Rashi and Tosafos, the kohen must wash his hands immediately before going up to perform Birkas Kohanim.
The Mishnas Yosef queries how this law is fulfilled in many shuls where the sink is more than 44 feet from the area where the kohanim ascend to Birkas Kohanim. Indeed, Rav Yosef Chaim Sonnenfeld zt”l asks a similar question: Often it takes more than 30 seconds for the chazan to recite R’tzei and Modim. If so, the kohen will always end up washing his hands more than 30 seconds before Birkas Kohanim. The Mishnas Yosef suggests that perhaps because of this problem, this law (of “immediate washing”) is omitted from the Shulchan Aruch and is only first referenced by the Magen Avraham (128:9) and later in the Biur Halachah.
Nevertheless, the Shulchan Aruch (128:6) rules that a kohen must wash his hands before Birkas Kohanim even if he already washed his hands in the morning. Although the immediacy requirement is not mentioned, the Shulchan Aruch is clear that a separate washing for Birkas Kohanim is necessary, even if your hands are not unclean.
II. Rambam’s Dissent
The Rambam (Hilchos T’filah 15:5), on the other hand, compares the washing before Birkas Kohanim to the washing that a kohen does in the Beis HaMikdash before the avodah. Accordingly, expounds the Kesef Mishneh, if the kohen’s hands are still clean (i.e., are not tamei) from the morning, there is no need for him to wash them again right before the avodah or right before Birkas Kohanim.
The Mishnas Yosef adds that the Maasei Rokeach cites Rav Avraham ben HaRambam who defends his father’s position against that of Tosafos. The Rambam holds that there is no need to wash your hands specifically for Birkas Kohanim. The Gemara only requires washing before Birkas Kohanim where the kohen forgot to wash in the morning or where the kohen already completed davening at an earlier minyan and in the interim no longer is “guarding” his hands from tum’ah.
III. Question from the Zohar
The Mishnas Yosef cites a Zohar (cited, as well, in the Beis Yosef, Orach Chayim 128) which states that a kohen must “add k’dushah to k’dushah” and have his hands washed by a Levi before Birkas Kohanim. This is the source for a Levi washing the kohen’s hands before Birkas Kohanim.
The Mishnas Yosef asks why the Rambam does not mention this requirement for a Levi to wash the kohen’s hands. Moreover, based on the Zohar, the kohen should need to wash specifically for Birkas Kohanim (with a Levi doing the washing) even if he already washed his hands in the morning. Why does the Rambam rule that no such additional washing is required?
To answer, the Mishnas Yosef cites Sheim G’dolim (Chida) and the Ramak who explain that the Rambam died before the Zohar was “revealed.” Thus, the Rambam was “unaware” of such a requirement. Regardless, the Mishnas Yosef concludes that since the Shulchan Aruch rules that a Levi must wash the kohen’s hands, clearly a new washing right before Birkas Kohanim (like Rashi and Tosafos) is required.
IV. Going to the Bathroom
But what about where the kohen goes to the bathroom right before Birkas Kohanim and washes his hands after leaving the bathroom? Must the kohen wash his hands (or have a Levi wash his hands) again specifically for Birkas Kohanim? Certainly there is no need according to the Rambam for the kohen to wash his hands again, but what about according to Rashi and Tosafos, whose opinion is adopted by the Shulchan Aruch?
The Mishnas Yosef posits that we can glean the answer from a similar question: whether a person eating bread after going to the bathroom needs to wash his hands twice (once for Asher Yatzar and once for bread). The Mishnah B’rurah and the Aruch HaShulchan (165:2) discuss numerous opinions about this question, including some that hold that only one washing is necessary. Importantly, the Kaf HaChaim (165:3) holds that where only one brachah is made (i.e., as in washing for Asher Yatzar and Birkas Kohanim), certainly only one washing is necessary.
Accordingly, the Mishnas Yosef rules that even l’chatchilah only one washing is necessary for both Asher Yatzar and Birkas Kohanim. Indeed, ideally, the kohen leaving the bathroom should get a Levi to come to wash his hands, thereby fulfilling the words of the Zohar, as well. While the Aruch HaShulchan (128:14) appears to rule that two washings are necessary, the Mishnas Yosef disagrees and concludes that the kohen need only wash his hands one time.
Next Week’s Topic: May a kohen walk in front of another person who is in the middle of Sh’moneh Esrei in order to hide his shoes before performing Birkas Kohanim?
Rabbi Ephraim Glatt, Esq. is Associate Rabbi at the Young Israel of Kew Gardens Hills and a practicing litigation attorney. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..